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James P. Holloway

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James P. Holloway is a shareholder in Baker Donelson's Washington, D.C. office.

Featured Videos

Conducting Internal Investigations in Hospitals and Other Health Care Facilities November 9, 2017
TOP TEN TIPS: Protecting Your Company's Legal Privileges During an Internal Investigation September 5, 2017
Government Investigations: How to Respond to a Search Warrant - 10 Practical Steps [Ober|Kaler] January 1, 2016
How to Implement a Document Preservation Notice While Under Government Investigation - Ten Practical Steps [Ober|Kaler] August 1, 2014

Professional Biography

Overview

Mr. Holloway represents health care providers in complex civil litigation and government investigations.

Mr. Holloway advises and assists clients in matters involving the False Claims Act, including federal court and state court qui tam litigation. He has assisted health care providers in False Claims Act cases in trial courts and appellate courts throughout the United States. Furthermore, Mr. Holloway represents providers during the government investigation phase preceding the unsealing of qui tam suits, assisting clients in responding to government subpoenas and civil investigative demands. In several cases he has successfully secured the government's agreement not to intervene, and obtained the voluntary dismissal of qui tam lawsuits without any payments by the defendants. Mr. Holloway also represents providers in Medicare and Medicaid reimbursement litigation, involving both administrative proceedings and judicial review cases. His handling of Medicare and Medicaid reimbursement litigation provides invaluable experience when defending health care providers in False Claims Act cases involving the complexities of the Medicare and Medicaid programs. In addition, Mr. Holloway represents providers in federal and state government investigations regarding a wide variety of regulatory compliance issues. He also handles commercial litigation on behalf of health care providers, involving false advertising claims, unfair trade practices, trade secrets, wrongful discharge, contract claims and disputes with the National Resident Matching Program. 

Over the past 30 years, Mr. Holloway has represented national health care trade associations, managed care organizations, assisted living facilities, nursing homes, pharmacies, physician groups, medical equipment suppliers, laboratories, hospitals and outpatient surgical centers.

Representative Matters
  • In AAA arbitration proceeding, successfully voided NRMP's erroneous punishment against resident for alleged violation of match policy

  • Obtained dismissal of a defendant in a qui tam lawsuit alleging false claims related to the Average Wholesale Price for drugs

  • Won dismissal of qui tam lawsuit on appeal to the Third Circuit seeking to recover Medicare payments to hospitals

  • Obtained appellate decision setting aside state agency's denial of Medicaid reimbursement for respiratory therapy services provided at nursing homes

  • Won dismissal of qui tam lawsuit on appeal to the Fifth Circuit involving sale of medical devices to Veterans Hospitals

  • Won dismissal  of novel qui tam litigation filed by celebrity plaintiff under the Medicare Secondary Payer Statute

  • Assisted Pharmaceutical Care Management Association in connection with third-party discovery conducted in a class action against the pharmacy benefit management industry

  • Obtained summary judgment on behalf of the defendant in a False Claims Act suit alleging false claims for nursing home care

  • Represented the petitioner in the successful challenge of a state agency’s refusal to take required administrative action regarding assisted living facility's request for regulatory waiver

  • Assisted America’s Health Insurance Plans in connection with extensive third-party discovery conducted in a significant multi-district litigation against the managed care industry regarding payment for out-of-network services

  • Negotiated a voluntary dismissal of false advertising allegations under the Lanham Act on behalf of the defendant without payment to plaintiff

  • Negotiated the voluntary dismissal of a False Claims Act case against our clients that was filed by the United States in exchange for the defendant’s release of a malicious prosecution claim against the United States

  • Won a writ of mandate invalidating state agency's denial of Medicaid reimbursement based on rate methodology not included in State Plan

  •  Provided representation in an FTC Section 5 administrative proceeding alleging deceptive advertising in connection with weight loss claims, including the negotiation of a consent order that established a standardized disclaimer for the weight loss industry.

Professional Honors & Activities

Professional Memberships

Community Service

Professional Background
  • Senior Counsel, Proskauer Rose, LLP
  • Associate, Casson & Harkins
Speaking Engagements
  • "Effective Internal Investigations of Compliance Matters: Best Practices and Preservation of Privilege," HCCA'S Compliance Institute, Las Vegas, Nevada (April 2018)

Education

  • University of California, Hastings College of the Law, J.D., 1986
  • Boston University, B.A., 1983

Admissions

  • California
  • District of Columbia
  • Court of Appeals of the District of Columbia
  • Supreme Court of California
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Federal Claims
  • U.S. Supreme Court

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